Lauren Silva  |  April 26, 2022

Category: Legal News

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Detail of United states air force soldier's uniform with emblem in focus.
(Photo Credit: Klemen K. Misic/Shutterstock)

Air Force Vaccine Mandate Class Action Lawsuit Overview:

  • Who: An Air Force Officer filed a class action lawsuit against top military officials. 
  • Why: The officer takes issue with the Air Force’s denial to grant her religious accommodation in regards to the Air Force’s COVID-19 vaccine mandate.
  • Where: The class action lawsuit was filed in Georgia federal court.

An unnamed Air Force Officer has argued that her opponents’ motion to stay court proceedings in a class action lawsuit is just another undue delay as it “continues to purge religious service members from the military.” 

The class action lawsuit is in regards to the Air Force’s “categorical denial of [the officer’s] requests for religious accommodation” from the branch’s COVID-19 vaccine mandate. The Air Force’s denial of the officer’s request goes against its own “least restrictive means” in achieving 100% vaccination, the complaint says. Further, the offer argues that thousands of service members have already received secular exemptions

The class action lawsuit is filed against Lloyd J. Austin III in his official capacity as Secretary of Defense, Frank Kendall III in his official capacity as Secretary of the Air Force and Robert I. Miller in his official capacity as Surgeon General of the Air Force.

Air Force’s Alleged Delay Tactics ‘Disadvantage’ Officer, Class Action Says

The Air Force’s latest motion would “unduly prejudice” and present a “tactical disadvantage” to the officer by causing a continued delay. 

Her court response points to the government’s “other dilatory tactics,” such as a previous move to strike her First Amended Complaint, a temporary stay in relation to that movement and delays in filing its appeal. 

These delays would prevent the proposed class “from obtaining even minimal class relief in this case, potentially for years.” 

Namely, the Air Force could continue to issue “irreparably harmful reprimands” against those who are “unvaccinated for religious reasons.” Such reprimands do not constitute “least restrictive means,” the officer argues. 

The Air Force stated that a stay would not cause prejudice because it has “not exhausted their administrative remedies.”

The officer counters that the military branch has not promised to cease with formal reprimands, and that three additional representatives in the Air Force class action lawsuit have already received final denials of their requests for religious accommodations, which the court has already determined “constitutes an exhaustion of administrative remedies,” according to court documents.

What do you think of the Air Force vaccine mandate? Watch this space for further developments!

The plaintiff is represented by Adam S. Hochschild of Hochschild Law Firm and Stephen Crampton of the Thomas More Society et al. 

The Air Force Vaccine Mandate Class Action Lawsuit is Air Force Officer v. Lloyd J. Austin, III et al., Case No. 5:22-cv-00009-TES, in the U.S. District Court for the Middle District of Georgia Macon Division. 


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2 thoughts onVax Mandate Class Action Alleges Air Force Trying to Delay Case

  1. Theresa A Deeds says:

    Ask yourself this, if they inject this BS into our soldiers and it is poison, what do you suppose will happen when our military is dying off? Who will defend our country? It all stems back to China and our government working together. They already own 3 of our largest banks. Something to think about that’s all.

  2. Robert Frost says:

    What a crock!!! Just another person trying to use some kind of fake, absurd, and bogus “religious exemption” nonsense as a scapegoat to avoid being properly vaccinated.

    On another note, they could charge that person under the UCMJ for “willfully damaging government property” (as in the willful harming a service member) like they do for all the enlisted personnel that have been so similarly charged for simply getting a sunburn.

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